VSP Associates v. 46 Estates Corp.

Full title: VSP ASSOCIATES, P.C., Appellant, v. 46 ESTATES CORP. et al., Respondents

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 28, 1997

243 A.D.2d 373 (N.Y. App. Div. 1997)

664 N.Y.S.2d 566

Opinion

October 28, 1997

Appeal from Supreme Court, New York County (Charles Ramos, J.).

The amended notice of motion to dismiss the complaint was valid since it was properly served upon plaintiff shortly after service of the original, which included affirmations and exhibits in support. When plaintiff failed to respond to the discovery demands within the 30 day limit set in the conditional preclusion order, the order became absolute and plaintiff's submissions in opposition to the motion to dismiss failed to set forth a meritorious cause of action or a reasonable excuse for its failure to comply with the prior order of preclusion ( see, Video-Cinema Films v. Seaboard Sur. Co., 237 A.D.2d 135; DiPietro v Duhl, 227 A.D.2d 515). Accordingly, the court properly granted defendants' motion to dismiss.

We have considered plaintiff's remaining contentions and find them to be without merit.

Concur — Murphy, P.J., Nardelli, Williams and Colabella, JJ.